O'Brien, R (On the Application Of) v Independent Adjudicator

O'Brien, R (On the Application Of) v Independent Adjudicator

The Independent Adjudicator has no express or implied statutory power to refer disciplinary charges to the police instead of inquiring into them; such a power is not necessarily incidental to her statutory function. The IA acted unlawfully by directing referral of charges to the police and not inquiring into them herself.

Parties
Claimant: Anthony O'Brien; Defendant: Independent Adjudicator; Interested Party: Governor of Her Majesty’s Prison The Mount; Interested Party: Secretary of State for Justice; Interested Party: Hertfordshire Constabulary
Jurisdiction
England and Wales
Judgment Date
30 October 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration of unlawfulness; no quashing order issued.
Legal Topics
Statutory Powers of Prison Adjudicators, Referral of Prison Charges to Police, Double Jeopardy, Unlawful Policy, Data Protection Act Compliance
Administrative Law Prison Law Data Protection Statutory Powers of Prison Adjudicators Referral of Prison Charges to Police Double Jeopardy Unlawful Policy Data Protection Act Compliance

Case Brief

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Parties

Anthony O'Brien

Claimant

Independent Adjudicator

Defendant

Governor of Her Majesty’s Prison The Mount

Interested Party

Secretary of State for Justice

Interested Party

Hertfordshire Constabulary

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether an Independent Adjudicator has power to refer disciplinary charges to the police instead of inquiring into them
  2. 2 Whether the decision to refer charges to the police was unlawful due to an unpublished and unlawful policy
  3. 3 Whether referring the charge to the police breached the Data Protection Act 1998

Ratio Decidendi

The Independent Adjudicator has no express or implied statutory power to refer disciplinary charges to the police instead of inquiring into them; such a power is not necessarily incidental to her statutory function. The IA acted unlawfully by directing referral of charges to the police and not inquiring into them herself.

Court Disposition

Declaration of unlawfulness; no quashing order issued.

Orders

  • Declaration that the Independent Adjudicator acted unlawfully by directing referral of charges to the police and not inquiring into them herself.